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Tanzania decisions
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Omission of the date in the jurat of attestation is a serious deficiency rendering the affidavit incurably defective and the application incompetent, requiring it to be struck out.
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The Court of Appeal struck out a revision application as time-barred, holding that the 60-day limit in rule 65(4) was mandatory and not extended by a certificate of delay.
Omission to cite the specific subsection of the enabling provision is not fatal and can be cured under the overriding objective, as it did not occasion a miscarriage of justice; the preliminary objection is overruled and the application is allowed to proceed on merits.
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The affidavit was properly dated and signed, thus not incurably defective. The error in the court title is minor and does not affect the substance of the application; amendment is allowed to cure the defect.
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Representation by an unqualified advocate without a valid practicing certificate is a fundamental illegality that renders all proceedings, judgments, and orders a nullity, and such irregularity cannot be cured by the overriding objective principle or Article 107A(1)(c) of the Constitution.
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The appeal was filed in the wrong registry contrary to mandatory procedural requirements under section 80(2) of the Law of Marriage Act and Rule 37(1) of the Matrimonial Proceedings Rules, and such a defect cannot be cured by overriding objective principles.
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Once the court grants leave to file a defence, whether orally or otherwise, and the order is not contested, the court becomes functus officio and cannot entertain an objection against the defence filed pursuant to its own order. The plaintiff's objection is misconceived and is overruled.
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The High Court held that a notice of appeal need not be attached to a leave application, so long as it had been lodged. The respondent’s preliminary objection was dismissed with costs.
Serving a 30 days' notice instead of 90 days to the 1st defendant is not fatal where the suit was instituted after the expiration of 90 days, thus complying with the statutory requirement. The objection is without merit and is overruled.
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The High Court dismissed a land appeal over an alleged encroachment on a community road, holding that the road was for public use and not part of the appellant’s plot.
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